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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal asserts that the defendant is too unfair because of the punishment sentenced by the court below (one year and four months of imprisonment).
2. The crime of this case, although the defendant conspired with other accomplices to intentionally cause a traffic accident and received approximately KRW 63 million from the victims by deceiving the victim insurance company, etc. for the purpose of agreement, etc. although the defendant did not have suffered an injury, it is inevitable to sentence the defendant to the crime of this case, in light of the fact that the above crime of insurance fraud is an offense that may harm the purpose of the insurance system, such as reasonable diversification of risks, damage to many good insurance subscribers, and thus threaten the foundation of the insurance system, and requires strict punishment. The defendant has forged the private document as a means of committing the crime of the above insurance fraud, and has not recovered most damage to the trial.
However, considering the following circumstances: (a) the Defendant recognized his mistake in the trial of the party; (b) the Defendant paid approximately KRW 9.2 million in total to the victims in the trial of the party; and (c) the fact that there was no record of punishment other than the past juvenile protective disposition, etc., the Defendant’s age, sexual conduct, environment, motive and background of the offense; (b) means and method of the offense; and (c) the circumstances after the commission of the offense, etc., the sentence imposed by the lower court is deemed unfair and unfair.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
[Judgment used again against the defendant] The facts constituting an offense and the summary of the evidence admitted by the court and the summary of the evidence are different from the judgment of the court below, in addition to adding "1. The defendant's own trial testimony" to the first head column of the evidence.